After Cappato’s case, the Italian Constitutional Court had to opt again to use the new decision practice of “delayed unconstitutionality”, to decide on the legitimacy question about press-related defamation, because of the evident divergence between the Italian law in matters and the Strasburg Court consolidated path. Starting from this particular case, the intention is describ- ing the “two steps” technique structure, in order to analyze briefly its features and to bring to light its problematic aspects. The Constitutional Court, indeed, was obliged to develop new legal instru- ments, due to the lawmaker chronic inactivity, as done by foreign systems, at which looking with the purpose, to perfect what we could call a new persistent type of decision.
La diffamazione a mezzo stampa e il persistente dominio dell’inerzia legislativa nella tutela dei diritti. La Consulta perfeziona un nuovo caso di “incostituzionalità differita” con la sentenza n. 150 del 2021
Daniele Manelli
2022-01-01
Abstract
After Cappato’s case, the Italian Constitutional Court had to opt again to use the new decision practice of “delayed unconstitutionality”, to decide on the legitimacy question about press-related defamation, because of the evident divergence between the Italian law in matters and the Strasburg Court consolidated path. Starting from this particular case, the intention is describ- ing the “two steps” technique structure, in order to analyze briefly its features and to bring to light its problematic aspects. The Constitutional Court, indeed, was obliged to develop new legal instru- ments, due to the lawmaker chronic inactivity, as done by foreign systems, at which looking with the purpose, to perfect what we could call a new persistent type of decision.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
